H-1B Grace Period: Securing a New Job Within 60 Days

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Key Takeaways:

To remain in the U.S., a new employer must file an H-1B transfer during the 60-day grace period.
You can start the new job once USCIS receives the transfer petition, avoiding employment gaps.
The 60-day grace period is used once; filing promptly is crucial to prevent complications.

What To Do If You Find a New Job Within the 60-Day Grace Period?

If you find yourself amidst the stress of losing your H-1B status due to a job loss, there’s a silver lining: a 60-day grace period to secure a new job. This grace period can serve as your lifeline to continue residing and working in the U.S. 🇺🇸

H-1B Grace Period: Securing a New Job Within 60 Days

How Can Your New Employer Help?

The key requirement during this grace period is for your new employer to file an H-1B transfer petition on your behalf. This must be done before the grace period lapses. This petition is crucial as it allows for the proper transfer of your visa status. According to VisaVerge.com, “the new employer must file an H-1B transfer petition on your behalf before the 60-day grace period expires.” This step solidifies your ability to transition smoothly between jobs without legal complications.

When Can You Start the New Job?

Under H-1B portability rules, you are permitted to start your new job as soon as the USCIS (U.S. Citizenship and Immigration Services) receives your transfer petition. This means you do not need to wait for the formal approval of the petition to begin working for your new employer. The immediate commencement of work ensures you don’t face an employment gap, thus maintaining your income flow and professional stability.

What Happens If Your H-1B Transfer Petition is Denied?

While most petitions are approved if filed correctly, there’s a possibility of denial. In such a case, unless you hold another valid immigration status, it is necessary to leave the U.S. This situation underscores the importance of ensuring that the petition is filed accurately and as early as possible during the grace period. Planning meticulously with your new employer can minimize this risk.

Is There a Limit to the Grace Period Usage?

It’s important to know that the 60-day grace period is a one-time facility during the authorized validity period of your H-1B visa. This means it cannot be repeatedly utilized, even if you lose another job in the future. This limitation further emphasizes the need for careful job selection and discussions with prospective employers regarding the H-1B transfer petition.

Should You Rely on Any Flexibility?

While some immigration attorneys speculate that the USCIS may show leniency if a transfer petition is filed just beyond the 60-day limit, relying on such flexibility is risky and not advisable. A prompt and timely submission within the grace period is always the recommended course of action. By doing so, you avoid unnecessary complications and can smoothly continue your employment in the U.S.

Steps To Ensure a Successful H-1B Transfer

Initiate Job Search Early: Begin looking for a new job immediately after your layoff. This gives you ample time to find a suitable opportunity.
Communicate With Prospective Employers: Ensure they are aware of your H-1B status and the necessity to file a transfer petition promptly.
Prepare Documentation: Gather all necessary documentation early to enable swift filing by your new employer.

For further details on the H-1B petition and its requirements, you can visit USCIS Form I-129 information page, which provides comprehensive guidance on this process.

Embark on this transition with clarity, and with strategic promptness, you can secure your career and stay in the U.S. This grace period and the H-1B portability are designed to support professionals like you in maintaining continuity despite job shifts. Remember, an informed approach coupled with swift action can work wonders in preserving your U.S. residency status.

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Glossary of Immigration Terms

H-1B Visa: A non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. It is often used by businesses to hire skilled workers, such as those in IT, engineering, and medical fields.
60-Day Grace Period: A period allowed after the termination of employment during which a person holding an H-1B visa can remain in the U.S. while searching for a new job. During this time, a new employer must file an H-1B transfer petition to extend their stay legally.
H-1B Transfer Petition: A petition filed by a new employer to transfer the H-1B visa from the previous employer to themselves. This must occur before the end of the 60-day grace period to ensure continuous legal employment in the U.S.
Portability: Refers to the rules allowing H-1B visa holders to move to a new job and start working as soon as the new employer files the transfer petition with USCIS, without waiting for its formal approval.
USCIS (U.S. Citizenship and Immigration Services): The federal agency responsible for overseeing lawful immigration to the United States. It processes H-1B transfer petitions and other immigration-related applications and forms.

This Article In A Nutshell:

Found a new job during your H-1B 60-day grace period? Great! Ensure your new employer files an H-1B transfer petition within this period. You can start working as soon as USCIS receives the petition. Act promptly to avoid complications and smoothly transition between jobs without disrupting your stay in the U.S.
— By VisaVerge.com

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